The Court of Appeal allowed the Crown’s sentence appeal, set aside an 8-month conditional sentence and removed an 11-month Charter deduction, restoring the global 48-month sentence.
The Federal Court struck a 268-page claim against multiple defendants, finding it disclosed no reasonable cause of action and fell outside the Court’s jurisdiction.
The court dismissed an application to withdraw guilty pleas, finding the accused had been informed about delay issues and the possible s. 11(b) remedy before pleading.
An application for a judicial stay for unreasonable delay was dismissed. The court found most delay was inherent, institutional, or neutral, with no s. 11(b) breach.
The court ordered the Attorney General to provide state-funded counsel because D.H. had exhausted legal aid, demonstrated inability to afford counsel for imminent hearings, the proceedings were of high seriousness and extraordinary complexity, D.H. lacked the capacity to self-represent, and the necessary substantive and evidentiary assistance could not be provided by the judge without compromising impartiality — therefore a fair hearing required state-funded counsel under the G.(J.) framework and s.24(1) remedy.
Officer lacked reasonable and probable grounds because her evidence showed only a suspicion of alcohol (smell) and the occurrence of an accident without supporting indicia of impairment; therefore the blood demand under s.254(3) was unlawful, constituted a s.8 Charter breach and the blood evidence was excluded under s.24(1), resulting in acquittal.
The court dismissed a judicial review petition challenging the seizure of animals, finding the officer’s June 17 attendance was within the implied licence to approach and the warrant was supported.